Guarantee

The team at Shower Sealed treat any concern of continued leakage as an absolute priority. “Your satisfaction is our success”

Call Back Policy

Please be aware that should we be called back to a shower and find that the reported issue is not part of our warranty terms and conditions that there will be a $95.00 call out fee.

SHOWER SEALED TERMS AND CONDITIONS

Product and or warranties:

Ultra Bond Product carries a 5 Year product warranty

Ultra Bond Grout carries a 24 month product warranty

Silicone and other products used to carry 24 month product warranty

Shower waterproofing & tiling works with form 16 waterproofing certificate = 7 Year warranty, or in line with statuary building warranties – non-structural

QLD – www.qbcc.qld.gov.au

* Note warranty period may vary depending on the condition of the shower and service provided
* For more information please see full terms and conditions as listed below:

1. INTERPRETATION
1.1. Unless the contrary intention appears, in this Contract:
(a) words in the singular include the plural and vice versa as required by the context;
(b) the word “person” includes an individual, a firm, a body corporate, an unincorporated body, a partnership, a joint venture or an association;
(c) if the time for any act or event required or permitted by this Contract falls on a day that is not a Business Day, then the time for any act or event is deemed to be the next Business Day; and
(d) italic type words and phrases used in the Schedule and General Conditions are defined in Clause 19.

2. THE CONTRACTOR’S OBLIGATIONS
2.1. The Contractor will carry out the Works:
(a) with reasonable care and skill;
(b) in accordance with the contract documents described at Item 11 of the Schedule; and
(c) in accordance with all relevant laws and legal requirements including, for example, the Building Act 1975.
2.2. Unless otherwise specified, all demolished and surplus materials are the property of the Contractor.

3. OWNER’S OBLIGATIONS
Site possession and access
3.1. The Owner must give the Contractor exclusive possession of, and all weather access to, the Site by the Anticipated Date of Commencement.
3.2. If the Site becomes inaccessible due to any reason beyond the control of the Contractor, the Owner is liable to the Contractor for all costs incurred by the Contractor in obtaining access to the Site.
3.3. The Owner must not obstruct, interfere with or hinder the carrying out of the Works and must take all reasonable steps to prevent all others from obstructing, interfering with or hindering the carrying out of the Works.
3.4. If the Owner fails to comply with its obligations in this Clause, the Owner is liable to the Contractor for any additional costs incurred by the Contractor to make access available including costs of any delay.
Owner-supplied materials
3.5. If the Owner supplies any Building Products for incorporation into the Works, the Owner:
(a) warrants that the Building Product supplied by the Owner is safe and suitable for its intended use;
(b) warrants that the Building Product is not a Non-conforming Building Product for its intended use; and
(c) will provide to the Contractor on request all required information for the Building Product relevant to the suitability and installation of the Building Product.

4. COMMENCEMENT AND COMPLETION
4.1. The Contractor must provide the Owner with five (5) days’ notice of the Anticipated Date of Commencement.
4.2. The Anticipated Date of Commencement may be delayed by either party upon the giving of twenty-four (24) hours’ written notice.
4.3. The Contractor must bring the Works to Practical Completion by the Date for Practical Completion, as adjusted in accordance with this Contract.

5. PAYMENT OF CONTRACT PRICE
5.1. The Contractor is entitled to claim payment of the Contract Price from the Owner upon completion of the Works.
5.2. The Owner must pay to the Contractor the total amount of a Progress Claim within the Payment Period.
5.3. Unless otherwise agreed in writing, payment in all cases is to be made by bank cheque or by cleared funds deposited into the account of the Contractor.
5.4. If the Owner fails to make any payment to the Contractor within five (5) Business Days of end of the Payment Period, the Contractor is entitled to:
(a) interest on the outstanding amount at the Interest Rate, payable from the due date for payment until the date of payment;
(b) by giving written notice to the Owner, immediately suspend the Works for a period ending five (5) Business Days after the payment is received by the Contractor, such period of suspension being added to the Date for Practical Completion; and
(c) be paid as a debt due by the Owner, its actual costs and expenses of recovering amounts owing including debt collection costs, solicitors costs and related fees and expenses.
5.5. The Owner acknowledges that the Owner has no right of set off under the Contract (or otherwise) or to deduct any amount from a payment due to the Contractor under the Contract, or to hold any retention for defect or omissions.

6. PRIME COST ITEMS AND PROVISIONAL SUMS
6.1. If this Contract includes any Prime Cost Items or Provisional Sum Items, the Owner must give to the Contractor all necessary written and signed directions as may be requested by the Contractor regarding the work represented by either a Prime Cost Item or a Provisional Sum Item within two (2) Business Days of a request.
6.2. If the actual cost of a Prime Cost Item, or the actual cost of the work for a Provisional Sum Item, plus a margin of 20% is less than the amount allowed for that item, the difference is to be deducted from the Contract Price and is to be credited by the Contractor in a Progress Claim.
6.3. If the actual cost of a Prime Cost Item, or the actual cost of the work for a Provisional Sum Item, exceeds the amount allowed for that item, the excess amount plus a margin of 20% on that excess is added to the Contract Price and is to be claimed by the Contractor in a Progress Claim.

7. VARIATIONS
7.1. Either party may give to the other a written notice requesting a variation of the Works. The variation may either add or omit work from the Works.
7.2. The Contractor may, at its absolute discretion, agree to carry out any variation requested by the Owner.
7.3. Before commencing any work comprising a variation, the Contractor must ensure that the details of the variation are put in writing in a Variation Document.
7.4. Where a variation results in an increase to the Contract Price, the Owner must pay the Contractor the amount of the increase which will be claimed in a Progress Claim.

8. EXTENSION OF TIME CLAIMS AND DELAY COSTS
8.1. If the progress of the Works is delayed by any of the following causes:
(a) weather or conditions resulting from weather;
(b) any act or omission of the Owner;
(c) any variation to the Works;
(d) a Latent Condition;
(e) the industry shutdown being a 3-week period commencing on or about 22 December each year, if construction during the Christmas period was not reasonably foreseeable at the Contract Date;
(f) a COVID-19 Occurrence;
(g) the unavailability of any materials or labour necessary for the performance of the Works; or
(h) any other matter, cause or thing beyond the control of the Contractor,
the Contractor may, within two (2) Business Days of becoming aware of the cause and extent of the delay, give the Owner a written notice claiming an extension to the Date for Practical Completion equivalent to the period of the delay.
8.2. The Owner shall reimburse the Contractor’s reasonable costs incurred during the period of delay, irrespective of whether the Owner has approved the Contractor’s claim for an extension of time.

9. OBLIGATIONS OF BOTH PARTIES UPON PRACTICAL COMPLETION
9.1. Upon reaching Practical Completion, the Contractor must advise the Owner that the Works have achieved Practical Completion.
9.2. The Owner must not take possession of the Works until:
(a) the Contractor has advised the Owner that the Works have reached Practical Completion in accordance with Clause 9.1; and
(b) the Owner has paid the Contract Price to the Contractor.
9.3. If the Owner takes possession of the Works, or any part of the Works, when not entitled to do so under this Contract, the Works are deemed to have been completed by the Contractor free of all defects and omissions and the Owner is liable to the Contractor to pay the Contract Price without deduction and any loss or damage arising as a result.

10. TERMINATION
10.1. If either party:
(a) is in substantial breach of the Contract; or
(b) becomes insolvent or takes advantage of the laws of bankruptcy,
the party not in default may give written notice to the defaulting party:
(c) describing the breach or breaches of the Contract by the party in default; and
(d) stating the party’s intention to terminate the Contract unless the defaulting party remedies the breach or breaches with in five (5) Business Days after receiving the notice referred to in this Clause.
10.2. If the defaulting party fails to remedy the breach or breaches stated in any notice served pursuant to Clause 10.1, the party not in default, may immediately, without prejudice to any other rights or remedies, terminate this Contract by a further written notice to the defaulting party.
10.3. If the Contractor terminates this Contract pursuant to this Clause, the Contractor is entitled to recover from the Owner all losses, costs, expenses and damages in connection with the Owner’s breach, and the termination, as if the Owner had wrongfully repudiated the Contract. The Contractor may remove from the Site, and retain, all materials, goods, plant and equipment previously provided by the Contractor.
10.4. If the Contractor or the Owner, as applicable:
(a) enters into certain arrangements for the purpose of avoiding becoming bankrupt or being wound up in insolvency; or
(b) appoints an administrator,
then the right to terminate this Contract pursuant to Clause 10 may be limited by the Corporations Act 2001 (Cth).

11. RISK AND INSURANCE
11.1. The Works, including materials delivered to the Site, are at the risk of the Contractor until Practical Completion.
11.2. The Contractor is required to have in effect during the currency of the Works:
(a) a Contract Works Insurance Policy;
(b) in respect of its workers, insurance that complies with all requirements of the current WorkCover Act (or any Acts which replace the WorkCover Act);
(c) a Public Liability Insurance Policy covering the liabilities of the Contractor to third parties in respect of personal injury, death, loss or damage to property, arising out of, or in connection with, the Works.
11.3. The Contractor must, on written request from the Owner, provide evidence of any insurance policies required to be effected by the Contractor under this Contract within two (2) Business Days of receipt of such request.
11.4. The Owner must insure the Works from the earlier of the Date of Practical Completion or the date the Owner takes Possession of the Works.
11.5. The Owner must:
(a) effect and maintain an insurance policy for the duration of this Contract which provides cover for the full replacement value of any existing building affected by the Works, and any contents thereof, against any loss or damage; and
(b) provide a copy of the policy to the Contractor if the Contractor makes a request in writing.
11.6. The Contractor is not liable for any liability, loss or claim relating to any property placed on the Site without the Contractor’s prior written consent.

12. DEFAULT ON PAYMENTS
12.1. The Owner charges in the Contractor’s favour as security for the payment of all monies owing to the Contractor by the Owner:
(a) all of the Owner’s estate and interest in any land including land constituting the Site;
(b) any other assets, other than the land constituting the Site, whether tangible or intangible in which the Owner now has any legal and/or beneficial interest and/or in which the Owner may later acquire any such interest.
12.2. Where the Contractor has an interest in land pursuant to Clause 12.1(a), the Owner:
(a) grants an equitable mortgage over the land to the Contractor, charging the land as security for the performance by the Owner of all of the Owner’s obligations under the Contract;
(b) agrees to the Contractor lodging a caveat over the land to secure the Contractor’s interest as equitable mortgagee;
(c) agrees to do all things and sign all documents necessary to enable the Contractor to lodge the caveat;
(d) is liable for all stamp duty, fees, costs, charges and expenses incurred by the Contractor or arising by the operation of this Clause and on any caveat lodged by the Contractor on an indemnity basis; and
(e) hereby irrevocably appoints the Contractor as the Owner’s attorney for the purposes of doing all things necessary to enable the Contractor to register a security interest of any kind over any such property.

13. EXCLUDED ITEMS
13.1. The Owner and Contractor agree that the Excluded Items are excluded from the Works and are not included in the Contract Price.

14. NOTICES / ELECTRONIC COMMUNICATION
14.1. Any notice under the Contract may be given by:
(a) prepaid post; or
(b) email,
to the address or email address recorded in the Schedule, with the exception of notice under Clause 10 which must be given by prepaid post.
14.2. A notice given by email shall be deemed received if the recipient’s email server received the email irrespective of whether the recipient has opened the email.
14.3. The Owner and the Contractor consent to the use of the electronic method of delivery on the terms described in this Clause 14 and specifically agree to receive information and documentation relating to the Contract via electronic communication to the email address and/or facsimile number recorded in the Schedule.
14.4. The Owner and the Contractor agree that where a document is required to be signed and/or initialled by a party, the requirement will be taken to have been met if an image of the signature and/or initials appears in the relevant document received by electronic communication from the party’s email address or facsimile number recorded in the Schedule.

15. WARRANTIES
No liability for breach of warranties in certain circumstances
15.1. The Contractor will not be liable to the Owner for a breach of its warranties under Clause 2 if:
(a) prior to the commencement of the Works, the Contractor gave the Owner written notice of the existence of a defect or deficiency in the Site and advice in respect of that defect or deficiency;
(b) the Owner instructed the Contractor to proceed with the Works despite the Contractor’s written notice under Clause 15.2(a); and
(c) the defects or deficiencies complained of by the Owner arise from the defect or deficiency identified by the Contractor in its notice under Clause 15.2(a).
Standard product warranties
15.2. Except as otherwise set out in the Quotation, the Contractor offers the following standard product warranties:
(a) “Ultra Bond Product” – five (5) years;
(b) “Ultra Bond Grout” – two (2) years; and
(c) any silicone product – two (2) years.
15.3. In the event of a major failure of a product listed in Clause 15.2, the Owner is entitled to have the product repaired or replaced by the Contractor.
15.4. All warranties listed in this Clause 15 commence on the Date of Practical Completion.
Warranty exclusions
15.5. The warranties provided by the Contractor in Clauses 2 and 15 do not apply if the defect or failure is caused or contributed to by:
(a) general wear and tear;
(b) any act or omission of the Owner including misuse, accident, a failure to properly maintain the shower and a failure to comply with any instructions or guidelines for use provided by the Contractor;
(c) interference with Works by a person other than the Contractor without the Contractor’s prior written consent;
(d) a Latent Condition or a pre-existing condition (whether ascertained or unascertained during the performance of the Works) affecting the Works carried out by the Contractor;
(e) the continued use of the shower after a defect or failure becomes, or ought reasonably became, apparent;
(f) structural movement or damage affecting the Works; or
(g) an act of God (including earthquake, fire or flood).
15.6. The warranties provided by the Contractor in Clauses 2 and 15 do not apply in respect of:
(a) discoloration or staining in or around the shower as a result of the Works or any subsequent product applied to the shower by the Owner;
(b) tiles laid on top of existing tiles;
(c) concealed defects in or around the shower which existed prior to, or became apparent after, the performance of the Works;
(d) the general appearance of the shower;
(e) variations in the thickness of product application due to initial placement of tiles;
(f) inherent defects in any Owner supplied tiles or materials;
(g) movement of a moulded shower or bath;
(h) any plumbing or repairs that have subsequently affected the Site; and
(i) the internal seals, tracks or glass of the existing shower screen.
15.7. The warranties provided by the Contractor in Clauses 2 and 15 will be rendered void if the Works are repaired, altered, renovated or overhauled by the Owner (or a person authorised by the Owner) without the Contractor’s prior written consent.
Claims under warranties
15.8. If the Owner believes there is a defect or failure in the Works entitling the Owner to make a claim under a warranty provided by the Contractor under this Contract, the Owner must, within ten (10) Business Days of becoming aware of the defect or failure, give written notice to the Contractor setting out the details of the claim (“Notice of Claim”).
15.9. If the Contractor inspects the defect or failure identified in the Notice of Claim and determines that it is not liable for that defect or failure, the Contractor is entitled to recover from the Owner a reasonable call-out and inspection fee.
15.10. The Contractor is not liable to compensate the Owner for any delay in responding to, or rectifying work the subject of, a claim under a warranty provided by the Contractor under this Contract.

16. GENERAL
16.1. This Contract constitutes the whole agreement between the parties and supersedes all prior representations, warranties, arrangements, understandings and agreements between the parties.
16.2. A provision of this Contract that is illegal, invalid or unenforceable is ineffective to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of that provision, nor the remainder of this document.
16.3. Neither party may assign this Contract, any payment or any right, benefit or interest under this Contract without the prior written consent of the other party.
16.4. This Contract is governed by, and is to be construed in accordance with, the law in force in the state where the Works are to be carried out.
16.5. The parties submit to the exclusive jurisdiction of the courts, including courts of appeal, of the state where the Works are to be carried out. Each party waives any right is has to object to an Action being brought in those courts without limitation.

17. LIMITATION OF LIABILITY
17.1. The Owner agrees:
(a) that the Contractor will not be liable to the Owner, and is released and discharged by the Owner from all liability to the Owner under this Contract, or any statute or other law or legal requirement, which permits the parties to exclude, restrict, or modify liability, on the expiration of the period of three (3) years after the Date of Practical Completion unless:
(i) the Owner has started proceedings against the Contractor in respect of any liability, or alleged liability, before the expiration of three (3) years after the Date of Practical Completion;
(ii) any such liability cannot be excluded, restricted or modified under a relevant statute or other law or legal requirement; or
(iii) the Contractor fraudulently or deliberately concealed facts, matters or circumstances within the Contractor’s knowledge from the Owner that gave rise to any such liability by the Contractor to the Owner and as a result of the concealment, the facts, matters or circumstances that gave rise to such liability are not within the Owner’s knowledge until after the expiration of the period of three (3) years after the Date of Practical Completion;
(b) that on the expiration of the period of three (3) years after the Date of Practical Completion, the Owner will not be entitled to commence any Action against the Contractor in respect of any liability for which the Contractor is deemed to be released and discharged by the Owner under Clause 17.1(a).
17.2. To avoid doubt, Clause 17.1 does not apply to:
(a) any statutory warranty that is incorporated into, and forms part of, this Contract in accordance with the Act;
(b) any guarantee of other statutory requirement (including any prohibition), provided for under Australian Consumer Law; and
(c) any additional product warranty under Clause 15 that extends beyond three (3) years from the Date of Practical Completion.

18. SPECIAL CONDITIONS
18.1. The Special Conditions (if any) included in Item 12 of the Schedule shall take effect as express terms of the Contract.
18.2. Special Conditions prevail over the General Conditions to the extent of any inconsistency.

19. DEFINITIONS
Action – means any claim, notice, demand, proceeding or litigation brought in any Court or Tribunal;
Anticipated Date of Commencement – means the date the Contractor intends to commence the Works as set out in a notice under Clause 4.1;
Building Product – means any material or other thing associated with, or that could be associated with, a building;
Business Day – means a day that is not:
a) a Saturday or a Sunday;
b) a public holiday, or a rostered day off in the place in which any relevant work or act is to be (or may be) done; and
c) the period between 22 December and 10 January in any year;
Contract – means these General Conditions, the Schedule and any other documents listed at Item 11 of the Schedule;
Contract Date – means the date on which this Contract is signed by both parties;
Contractor – means the person set out at Item 2 of the Schedule and includes the Contractor’s permitted assignees and transferees;
Contract Price – means the amount stated in Item 3 of the Schedule being the total amount payable under the Contract for the Works, as adjusted under this Contract;
Contract Works Insurance Policy – means a policy of insurance providing indemnity to the Contractor and the Owner against liability for physical loss, destruction or damage to the Works or to materials and goods upon or adjacent to the Site;
COVID-19 Occurrence – means an event which:
(a) arises from a severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (or any other strain evolving therefrom) epidemic or pandemic; and
(b) is necessitated by, or otherwise arises directly from compliance with:
(i) legislative requirements in the location where the Works are being carried out; or
(ii) directions or advice from a government agency (which must be given effect to by contractors and subcontractors, including suppliers within the construction industry throughout the region where the event occurs);
Date for Practical Completion – means the day being thirty (30) Business Days after the Date of Commencement, as adjusted in accordance with this Contract;
Date of Commencement – means the first day which the Contractor actually commences work on the Site;
Date of Practical Completion – means that day that the Works achieve Practical Completion;
Excluded Items – means those items of work excluded from the Works as stated at Item 10 of the Schedule;
General Conditions – means these General Conditions to the Contract;
Interest Rate – means the 10% per annum;
Latent Condition – means any physical condition of the Site (including but not limited to surface, substrate and concealed building elements or tiles glued on top of existing tiles) which differ materially from the physical conditions reasonably expected by the Contractor based on the Contractor’s visual and non-invasive inspection of the Site when preparing the Quotation;
Non-conforming Building Product – means a Building Product if:
(a) the association of the product with a building for the use:
(i) is not, or will not be safe; or
(ii) does not, or will not, comply with the relevant regulatory provisions; or
(b) the product does not perform or is not capable of performing, for the use to the standard it is represented to perform by or for a person in the chain of responsibility for the product;
Owner – means the person or persons stated in Item 1 of the Schedule and includes the Owner’s heirs, executors, administrators, permitted assignees and transferees and if more than one, each owner joint and severally;
Payment Period – means period stated at Item 7 of the Schedule;
Practical Completion – means that stage when the Works are complete in accordance with the Contract and all relevant statutory requirements, apart from minor omissions or minor defects, the rectification or completion of which do not prevent the Works from being used for the intended purpose;
Prime Cost Item – means the item/s listed at Item 8 of the Schedule;
Progress Claim – means a written claim for payment under Clause 5;
Property – means the property stated at Item 5 of the Schedule;
Provisional Sum Item – means the item/s listed at Item 9 of the Schedule;
Public Liability Policy – means a policy of insurance providing indemnity in respect of liabilities to third parties in respect of personal injury, death, loss or damage to property, arising out of, or in connection with, the Works for an amount of no less than $5 million for any one occurrence;
Quotation – means the quotation listed in Item 11 of the Schedule;
Schedule – means the Schedule forming part of this Contract;
Site – means that part of the Property including any adjacent areas where the Works are to be performed as described at Item 6 of the Schedule;
Special Conditions – means the conditions stated at Item 12 of the Schedule;
Variation Document – means a document that:
(a) is readily legible;
(b) describes the variation;
(c) states the date of the request for the variation;
(d) states the Contractor’s estimate of any period of delay to the progress of the Works as a result of the variation;
(e) states any adjustment to the Contract Price, or the method for calculating the adjustment; and
(f) states when any adjustment to the Contract Price is to be claimed or accounted for.
Works – means the whole of the work to be carried out by the Contractor under the Contract, a description of which is contained in Item 4 of the Schedule, and includes variations to the Works, but excludes the Excluded Items.